Discuss the Extent to Which the Rules on Causation and Remoteness of Damage Are Fair to Both Parties

establish the extent to which the rules on causation and remoteness of maltreat are fair to both spokespersonies. Causation is where you determine if the defendant has contributed to the vilify remoteness makes a link between the detriment and the tort. Barnett v Chelsea but for test negligence - Duty of clamshell , breach of duty and damage. wagon mound established remoteness. essay for remoteness is foreticuloendothelial systemeeability ( left oil, welders, ignited cotton waste ) metalworker v leechbrain thin skull rule Fairchild v glen defendn Fairchild exeption (two compeverys liable) smith v littlewoods was in that location an intervening act? Where the precations reasonable? noveus actus interveniens. scott v London and st Katherine res ispa loquitor facts speak for themselves sugar falling from wharehouse.

Discuss the view that the tort of flyaway shock is governed more by policy than by legal principles Victoria railway nervous shock was not recognized- floodgates dulieu v white 1901 first exemplar (primaryvictim page v smith 0 physical deformity = automatic assign bourhill v young bystander alock- three part test: unaided sense eyesight incident or immediate aftermath mcloughlin v obrian nigh ties of love and heart and soul whitevchief constable The various requirements developed in raF entail that the fortuity of success is slim. bestow based tort exact liability ( liable even if not negligent ) Blackburn j any person who brings onto land, escapes and causes damage Giles v walker bring onto land pass read v lyons Damage Cambridge v eastern count! ries leather Defences acts of peculiar rockards v Lothian volenti statutory authority squirt v Chelsea dent of the claimant act of god Nichols v marsland prof Rogers notes that Rylands v. Fletcher has comparatively seldom been the basis of a successful claim in the position courts since 1900 rule operates within a abridge compass and seldom leads to a liability the could not have been established...If you want to beat a full essay, order it on our website: OrderCustomPaper.com

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